Mitchell v. Mitchell
Supreme Court of Pennsylvania
In error from the Common Pleas of Mifflin county. May 19. Mitchell, by his will, after making a provision for his •wife and children, directed his “ executors to rent the farm whereon I now live, for five years, and apply the proceeds to the payment of my debts, excepting so much as will be necessary for the support of my widow and children; and if they find it necessary and advantageous to make a sale of it, I hereby give them full power and authority to sell and convey the…
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In error from the Common Pleas of Mifflin county. May 19. Mitchell, by his will, after making a provision for his •wife and children, directed his “ executors to rent the farm whereon I now live, for five years, and apply the proceeds to the payment of my debts, excepting so much as will be necessary for the support of my widow and children; and if they find it necessary and advantageous to make a sale of it, I hereby give them full power and authority to sell and convey the same, they applying so much of the proceeds thereof as will be necessary to pay my debts, if they remain unpaid, and…
1Opinion of the CourtRogers, J.
In the view we have taken of this case there is but one question which it is necessary to examine, namely, Whether the widow is entitled to dower. (His honour here stated the case.) The widow alleges that she refused to take under the will; and granting that she did, the question is, whether she can sustain an action of dower at common law against the purchasers of the estate so sold by the executors.
There are certain fundamental principles in this state which have existed from the time of the earliest settlement of the province. Thus lands have always been held as chattels for payment of…
2Cases cited2 opinions
- Messier v. AmerySupreme Court of Pennsylvania · 1795
- Scott v. CrosdaleSupreme Court of the United States · 1791
3Cited by4 opinions
- Bridgeford v. Groh Et Ux.Supreme Court of Pennsylvania · 1932
- Ohio-Pennsylvania Joint Stock Land Bank v. BloughSuperior Court of Pennsylvania · 1935
- Hay v. MeyersSuperior Court of Pennsylvania · 1934
- In re KligermanDistrict Court, E.D. Pennsylvania · 1918